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Employee Privacy in the Digital Age II. Privacy in the Age of Technology

A panel discussion of employer monitoring of employee computer use, including Internet access. Six scenarios deal with Facebook postings, blogging about workplace conditions, confidential patient identities, unauthorized viewing of another’s smartphone photos, the effect of online postings on promotion, monitoring keystrokes, and accessing computer and cell phone records to discover employee activities unrelated to employment.

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Arbitrator Allen Ponak talks about his recent Canadian cases dealing with employee use andabuse of the Internet and other new technologies and the balance between the employer’s having efficient operations and an employee’s right to privacy. Subjects include non-business online surfing, inappropriate websites, email privacy, the right to blog, the use of biometric identification data …

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Attorney Klenck examines the criteria under which off-duty internet use or website content furnishes a nexus for job-related discipline.

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Discipline, discharge, external law and procedure -Roundtable discussion

A roundtable discussion, based upon hypothetical examples, of off-duty misconduct as cause for discharge. Subjects addressed include representation of the employee by independent counsel – a plea of guilty vs. an equivalent verdict – admissibility of and reliance upon a verdict – due process including search and seizure – deciding the case on an issue …

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Nexus in the context of off-duty misconduct cases. A valid nexus between the off-duty misconduct and the status of the grievant as an employee must be demonstrated by the employer. Decisions indicate that this may be accomplished by showing that the misconduct has damaged the employer’s business or will do so if the employee is …

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Although changing life styles have given rise to new disciplinary issues, those issues are generally adequately resolved by application of already established arbitration standards and principles. Novel questions that arise include whether employers may be obligated to lend assistance to employees’ rehabilitation efforts and to what extent arbitrators should indulge an employer’s liberal construction of …

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Noting that, given their average age, arbitrators constitute a community of ‘establishment neutrals,’ Cohen observes that decisions rendered in the arbitration of life style disputes nevertheless reflect both establishment and, arguably, anti-establishment outcomes. Drawing from a number of arbitration decisions involving life style disputes, including those cited by Valtin, Cohen concludes that arbitral commitment to …

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The criminal law and industrial discipline as sanctioning systems: Some comparative observations

A discussion of fundamental issues of the criminal law and industrial discipline and a comparison of the responses of each system to the issue. The author discusses the workings and problems of a punishment system.

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